Legal Opinion

Heritage Bank v. McCracken (In re McCracken)

United States Bankruptcy Court, S.D. Texas

Decided March 19, 2018No. CASE NO: 17–80084; ADVERSARY NO. 17–8009PublishedCited by 7 opinions

1Opinion of the Court

Marvin Isgur, UNITED STATES BANKRUPTCY JUDGE

*250Heritage Bank filed this adversary proceeding against James W. McCracken to determine the dischargeability of certain debt owed to it by McCracken. Heritage alleges that McCracken's debts to it are nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(B) and, alternatively, 11 U.S.C. § 727(a)(3). Heritage moved for summary judgment on its nondischargeability claims.

Heritage's motion for summary judgment is granted as to his § 523(a)(2)(B) claim. Heritage's motion is denied as to his § 727(a)(3) claim.

Background

McCracken applied for a loan from Heritage…

2Cases cited31 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Field v. MansSupreme Court of the United States · 1995
  4. Sossamon v. Lone Star State of TexasCourt of Appeals for the Fifth Circuit · 2009
  5. Equal Employment Opportunity Commission v. LHC Group, Inc.Court of Appeals for the Fifth Circuit · 2014

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3Cited by7 opinions

  1. 1st Colonial Community Bank v. Brian WolfsonUnited States Bankruptcy Court, D. New Jersey · 2026
  2. Benchmark Bank v. StapletonUnited States Bankruptcy Court, E.D. Texas · 2019
  3. Benchmark Bank v. StapletonUnited States Bankruptcy Court, E.D. Texas · 2019
  4. Feldy Boys, LLC v. PolaskyUnited States Bankruptcy Court, M.D. Florida · 2021
  5. Frost Bank v. Hickman IIUnited States Bankruptcy Court, S.D. Texas · 2025

2 more not listed; retrieve them via the Exa API.

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